Saturday, December 5, 2009

Is Downloading Music ILLEGAL?

Do you feel bad when you download music? When you download the latest Britney Spears or Nickelback MP3 do you feel guilty that you didn't have to pay for it? What about when you download the artists whole album? What if you spent a year or two of your life to record your soul on a CD and then only one person bought it and they shared it with the whole world. How would you feel about that? Imagine only making a small cut off that one CD that sold, that would be the worst feeling in the world. Lets see if our feelings are justified...
In 1997, Bill C-32 it the stands and amended the Copyright Act of Canada. Among the changes was a provision that legalised music file sharing under certain conditions. The provision states that copying copyrighted sound recordings of musical works for the personal use of the person making the copy, does not constitute a violation of the copyright of that work. In this sense, file downloaders are cleared of liability for copyright violations so long as their activities are for private use only.
So as of 1997 we are clear to download ANY music we want in whichever program we want. Keep in mind that this legislation is for Canada only. It goes on to say that we are allowed to download music for personal use only. This includes listening to the music in your house, in the car or on your iPod. To make you feel better, Blank media and personal recoding drives (like iPods) are taxed to allow for the loss to the music industry. So the artists might not be getting the money from the sale of their CDs but they get it from the blank discs and and mp3 players that we buy. Doesn't that make you feel better? bigsmile
In 2004 the Canadian Recording Industry Association (CRIA) decided they wanted to sue 29 different Canadians for extensive file sharing. However the courts did not feel that the crime was serious enough to support breaching privacy laws to get the accused names from the internet providers. So because the CRIA could not get the names of the possible offenders, the case was closed. The case was appealed in 2005, but was thrown out again.

In 2007, the RCMP stated that they do not have the resources to pursue file sharing offenders. The RCMP basically stated that it's not in the public interestto pursue what everyone does, and wants to do.
WoW! yikes That was the most boring blog post EVER! But were you able to decipher an answer from the legal hieroglyphics? The answer in short is that you can download any music you want for personal use. If you decide to share, or upload songs to friends across the globe you are sticking your neck out. Right now there's no guillotine, but they could be setting one up as we speak. knight


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